For Workers > Who is a Worker?

Who is a Worker?


A Worker is a person who -
  1. under a contract of service, is engaged to perform cleaning work in the contract cleaning industry
  2. under a contract or at piecework rates, is engaged to perform cleaning work in the contract cleaning industry, for labour only or substantially labour only
  3. under a contract, whether or not the contract is a contract of service, performs cleaning work in the contract cleaning industry unless -
    1. the individual -
      1. is paid to achieve a stated result or outcome
      2. has to supply all or substantially all, of the plant and equipment or tools of the trade needed to perform the work
      3. is, or would be liable for the cost of fixing a fault with the work performed or
    2. a personal services business determination is in effect for the individual performing work under the Income Tax Assessment Act 1997 (Cwlth) section 87-60
Worker also includes an individual who is engaged to perform both cleaning work and supervision of other workers in the contract cleaning industry, whether or not the individual is known as a supervisor, leading hand or other title.

A worker does not include an individual who performs work in the contract cleaning industry -
  1. in a managerial or clerical capacity
  2. under a contract of service with a partnership if the individual is a partner and participates in the management of the partnership or shares in its profits
  3. under a contract of service with the Commonwealth, the State Government, or local government

Last Modified on: 06/02/2005 at 12:43 PM